CKS & S Reporter


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October 2006, Volume 38

EMPLOYMENT LAW

GENERAL TORTS

INSURANCE COVERAGE

INTERNATIONAL LAW

PRODUCT LAW

BUSINESS LAW

NURSING HOME LAW


EMPLOYMENT LAW

SEXUAL HARASSMENT
Seventh Circuit Holds No Duty of Cooperation on Part of Complainant at EEOC Level; Sexual Relations With Minor Unwelcome as Matter of Law

HOSTILE WORK ENVIRONMENT
Seventh Circuit Finds Objectively Hostile Work Environment Supports Claim of Constructive Discharge

AGE AND GENDER DISCRIMINATION
Genuine Issue of Material Fact Precludes Summary Judgment in Discrimination Action Against Union

RETALIATION
Plaintiff Avoids Summary Judgment on Retaliation Claim Under Direct Method of Proof

DISABILITY DISCRIMINATION
Plaintiff Fails to Establish Prima Facie Case Under ADA

TITLE VII
Husband and Mother of Restaurant’s Sole Proprietor Were “Employees” for the Purposes of Title VII

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GENERAL TORTS

VERDICT FORM
Settling Defendants Must Appear on Jury Verdict Under Former 2-1117

DUTY
Plaintiff’s Complaint Sufficient to Allege Restaurant Owes Duty of Care to Invitee Where Car Crashed Through Wall

Employer Owes No Duty to Employee During Commute Home After Shift

MANDATORY ARBITRATION
Tardiness at Hearing Not Failure to be Present or Participate in Good Faith

SUBJECT MATTER JURISDICTION
Agreement Between Parties for Extension of Time did not Extend Jurisdiction of Court

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INSURANCE COVERAGE

Leaky Plumbing in Condominium Constituted Common Element, Requiring Coverage to Condominium Owner as Additional Insured Under Condominium Association Liability Policy

No Coverage Afforded Where Insured’s Insurance Agent Failed to Procure Owner’s Automobile Insurance Policy

All Primary Insurance Policies Must Be Exhausted Before Excess Policy May be Selected by Insured for Indemnification

Insured’s Mistaken Cutting of Trees on Wrong Lots Constituted Covered “Occurrence” Under Commercial General Liability Policy

U.S. District Court Holds Insured’s Negligent Manufacture of Product Constituted “Occurrence” Requiring Indemnification for $70 Million Judgment

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INTERNATIONAL LAW

FOREIGN SOVEREIGN IMMUNITIES ACT
Foreign Sovereign Responsible For Any Acts That Occurred While Designated as State Sponsor of Terrorism

Claims of 112 Aliens Dismissed For Want of Subject Matter Jurisdiction

Son Lacked Standing To Bring Claims Under FSIA For Father’s Abduction and Torture

FORUM NON CONVENIENS
Court Dismisses Florida Resident’s Complaint Under Forum Non Conveniens

INTERNATIONAL COMITY AND FORUM NON CONVENIENS
Court Denies Motions to Dismiss Under International Comity and Forum Non Conveniens

HAGUE SERVICE CONVENTION
Motion to Appoint Agent for Service of Process Abroad Denied As to Countries That Have Not Acceded to the Convention

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PRODUCT LAW

FAILURE TO WARN
Georgia Law Does Not Require Bodily Harm To Maintain Failure to Warn Claim

REASONABLE ALTERNATIVE DESIGN
Iowa Court Refuses to Label Trampoline as “Manifestly Unreasonable” Design

STATUTE OF LIMITATIONS
Missouri Court Held Wife’s Loss of Consortium Claim Related Back to Date of Filing Of Husband’s Claim

FEDERAL PREEMPTION
Kansas Joins Majority of Jurisdictions by Ruling Federal FDA Regulations Preempted State Law Medical Device Litigation

EVIDENCE
Louisiana To Allow Plaintiffs to Use Doctrine of Res Ipsa Loquitur to Prove Product Defect

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BUSINESS LAW

REAL ESTATE TRANSACTIONS
Warranty of Good Title in General Warranty Deed Valid Despite Purchaser’s Knowledge of Title Defect

Providing Inconsistent Disclosures Informing Creditor of Right to Rescind Refinance Transaction Constitutes Violation of Truth in Lending Act
Document Executed By Deceased’s Trust Beneficiary Could Not Act as Directive For Successor Beneficiary to Sell Property

CONTRACT LAW
Minor or Immaterial Modifications or Changes in Terms of Offer Constitute Rejection of Original Offer and Become Counter-Offer

Disclaimer of Implied Warranties of Fitness for a Particular Purpose and Merchantability Were Valid Because They Were Conspicuously Displayed In Catalog and on Invoice

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NURSING HOME LAW

SEXUAL ASSAULT
Mississippi Supreme Court Affirmed Trial Court’s Entry of Summary Judgment Based on Plaintiff’s Failure to Consult with Expert Prior to Filing Suit Against Nursing Home

VICARIOUS LIABILITY
Texas Appellate Court Found Sufficient Evidence to Support Verdict Against Nursing Home for Vicarious Liability, but not Against Parent Company

WRONGFUL DEATH
Texas Appellate Court Affirmed Million-Dollar Jury Verdict in Favor of Estate of Resident Dropped During Wheelchair Transfer

COMMON LAW VS. STATUTORY LAW
New York Court Held that Nursing Home Resident Has Right to Pursue Both Common Law and Statutory Claims Arising from Same Set of Facts

DIETARY ORDERS
Louisiana Appellate Court Sustained Cause of Action Against Nursing Home for Alleged Failure to Monitor Resident’s Diet, but Found in Favor of Resident’s Doctor

EXPERT WITNESS
Pennsylvania Appellate Court Held Registered Nurse with Extensive Experience Treating Pressure Wounds Qualified to Testify as Expert on Causation

POST-FALL MONITORING
Missouri Appellate Court Affirmed Jury’s Award of Punitive Damages After Resident Died from Head Injuries 12 Hours After Fall

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